Kelly v. Fejervary
Supreme Court of Iowa
Appeal from Scott District Court. — Hon. A. J. House, Judge. The plaintiffs entered into a contract April 15, 1892, with N. Ferjervary, by the terms of which they agreed to construct a certain building before October 15th of that year. They failed to complete it until some time in February, 1893, when the owner* withheld from the contract price the sum of six hundred and sixty dollars as liquidated damages, for which recovery is sought in this action.
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Appeal from Scott District Court. — Hon. A. J. House, Judge. The plaintiffs entered into a contract April 15, 1892, with N. Ferjervary, by the terms of which they agreed to construct a certain building before October 15th of that year. They failed to complete it until some time in February, 1893, when the owner* withheld from the contract price the sum of six hundred and sixty dollars as liquidated damages, for which recovery is sought in this action. Verdict and judgment for the defendant, and the plaintiffs appeal.
1Opinion of the CourtLadd, J.
1 That the building was not completen by the time stipulated, and no extension granted in the manner required, was fully established by. the evidence, and the jury may well have fixed the period of delinquency at sixty-six days. The sixth paragraph of the contract provided that “the contractors shall and will proceed with the said work, and every part and detail thereof, in a prompt and diligent manner, and shall and will wholly finish the said work, according to the said drawings and specifications and this contract, on or before the 15th day of October, in the year one thousand eight…
2Cases cited7 opinions
- Jaquith v. HudsonMichigan Supreme Court · 1858
- Foley v. McKeeganSupreme Court of Iowa · 1856
- Hennessy v. MetzgerIllinois Supreme Court · 1894
- Monmouth Park Ass'n v. Wallis Iron WorksSupreme Court of New Jersey · 1892
- Sanford v. First National BankSupreme Court of Iowa · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Selby v. MatsonSupreme Court of Iowa · 1908
- Charleston Lumber Co. v. FriedmanWest Virginia Supreme Court · 1908
- Iowa Electric Co. v. Home InsuranceSupreme Court of Iowa · 1945
- Lucas v. PurdySupreme Court of Iowa · 1909
- Eller v. NewellSupreme Court of Iowa · 1913
13 more not listed; retrieve them via the Exa API.